Flynn v British Columbia

Decided: 2026-10-21. Docket: CA51029. Citation: 2026 BCCA 414 (CanLII). Limitation periods — Discoverability — Limitation Act, ss. 6 and 8(d) — Whether claim discovered when Appellants knew putative class action commenced — “Appropriate means” assessed on pleaded knowledge — Suspension of limitation periods during pandemic noted — Expiry found plain and obvious on pleadings — Claim statute-barred upheld — Appeal dismissed | Limitation periods — Suspension in class proceedings — Class Proceedings Act, ss. 38.1 and 39 — Whether limitation suspended by mere commencement of putative class action — Suspension tied to certification application filing and certification events — No pleaded certification application in earlier proceeding — Legislature’s choice not to suspend pre-application respect